Appendix 2 International human rights law on solitary confinement and restraint (compiled with the assistance of New Zealand Human Rights Commission staff) It is well accepted that the absolute prohibition on torture and other forms of ill-treatment has the highest standing in customary law and is so fundamental it supersedes all other treaties and customary laws. The absolute prohibition against torture is set out in the Universal Declaration of Human Rights (UDHR), which was adopted by the United Nations in 1948 following the horrors of World War II. Article 5 states that: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. This ban on torture and other ill-treatment has subsequently been incorporated into international and regional human rights treaties. New Zealand has ratified seven of the nine core international human rights treaties including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment (CAT). Article 7 of the ICCPR states: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. This is one of the few absolute rights in the ICCPR. No restrictions are permitted. It is also a non-derogable right, which means that states can never derogate from it even in times of public emergency that threaten the life of the nation. The Human Rights Committee, the United Nations body that monitors the implementation of the ICCPR, has stipulated that use of prolonged solitary confinement may amount to a breach of Article 7 of the ICCPR. Article 7 of the ICCPR is complemented by the positive requirements of Article 10(1) which states: All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person Ð the penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. 67